STATE v. FENDER

No. 2D99-3642.

764 So.2d 837 (2000)

STATE of Florida, Appellant, v. Robert FENDER, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied August 4, 2000.


Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Wendy Buffington, Assistant Attorney General, Tampa, for Appellant.

James Marion Moorman, Public Defender, Bartow, and Allyn M. Giambalvo, Assistant Public Defender, Bartow, for Appellee.


DAVIS, Judge.

The State appeals the trial court's downward departure sentence. We reverse the sentence and remand for additional proceedings.

When the trial court imposed its downward departure sentence, it essentially ruled that the sentencing guidelines placed too much importance on Fender's criminal record, and that a guidelines sentence would be excessive. Fender concedes that the trial court gave an invalid reason for departure. See State v. Moore...

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